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Questions Answered by Mr. Michael O. Stevens
1 Answer | Asked in Collections for Oregon on
Q: I need to know where to start and what to do as an individual trying to gain repayment of a friend to friend loan.

So I did a friend to friend loan that has been going on for a couple of years and I d not have a collection of transactions made to the individual requesting the money. But we have both come to terms that she owes me a total of $24,000. The money was to help her get back on her feet and support her... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

I would suggest waiting to get things in writing, as at the moment it would be hard for you to prove what the repayment terms were. As in, when does she have to start repaying you.

1 Answer | Asked in Contracts and Real Estate Law for Oregon on
Q: Selling cemetery plot along with cement vault

Cemetery said I can not sell the vault which is worth $900, contract says Transfer of interest: Purchaser shall have the right at any time as long as not in default under the terms of this agreement to transfer the interest of purchaser in the agreement and the property covered thereby. Said... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Hire an attorney to send them an ORS 20.082 demand over what appears to be a breach of contract. That is likely the only way to get any action from them.

1 Answer | Asked in Personal Injury and Animal / Dog Law for South Carolina on
Q: If my dogs attack another dog on street. Can owner sue me?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

They can always sue you, but unless you did something negligent they are not going to win.

1 Answer | Asked in Personal Injury on
Q: Do the defendant have duty of care to the plaintiff and what will be the reasonable remedy for the following situation?

Defendant, the construction company. The defendant company had run an eye protection programme in April to May 2012 to educate workers’ awareness to the importance of eye protection

Plaintiff, the victim in the construction accident.

The plaintiff was undertaking some drilling... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Not sure what state this is in, or if this question is real or a law school exercise, but the exclusive remedy rule should prevent the employee from suing his employer.

1 Answer | Asked in Employment Law for Texas on
Q: What leverage, if any, do I have in negotiating a severance package if I am terminated for a self-reported mistake?

I have been suspended from my position for one week and one day (so far) pending an investigation for a self-reported breech of safety protocol. I have been with the company full-time for 17 years and 2 additional years as a seasonal employee. I have served as a supervisor for 9 years. This is... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

You would have basically no leverage. As to resigning, that gets tricky. If you resign, that could look better on future job applications, though the truth may come out during a background check. If you allow them to fire you, that will not look good on job applications, but there is a chance you... View More

1 Answer | Asked in Employment Law for Michigan on
Q: My employer requires me to take a 30 minute lunch break after working 6 hours. Some days they don't give me that break

I need to be replaced by somebody since I work in the gas station part or the store. So I call in on a Walkie or phone to get that person. Some days I try every 10 minutes for 2-3 hours and nobody responds or picks up the phone. When the day ends the whole store is closed and I have to go home, but... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

You might consider reporting them to your state's department of labor. After that, you can guarantee you will be a whistle blower, making it stupid for them to fire you or do anything similar.

1 Answer | Asked in Employment Law for Illinois on
Q: I have discrimination case against federal agency and I have been asked to offer a settlement from EEOC. How much compes

I was not granted a promotion, denied transfer, harassed at work, rated lower on performance which affected my bonus. Also, I had to seek medical help due to stress at work.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Your damages should be based on your economic damages. As in, if you were given a promotion, how much more would you have earned; if your bonus was lower, how much more would it have been worth; how much were the medical bills.

1 Answer | Asked in Copyright for Oklahoma on
Q: Copyright Infringement. I am an Etsy seller, I was contacted by another shop claiming to own a copyright.

The other Etsy owner has a copyright titled "Bathroom Rules" and has been contacting any Etsy seller with a listing with the same title. I was told that she could only copyright her overall image, because the list is made of up of common phrases such as "hang up your towel" or... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

First, she would have to have already registered the work. You might ask her for a copy of the registration so you can see how close it is. Likely she has not registered, but if she has, then sit down with a local copyright attorney to examine how close the works are.

1 Answer | Asked in Copyright on
Q: can copyright owner sue me?

Actually i write song lyrics and share it on You Tube.. whenever i share it on You Tube so Youtube send me a message "Copyrighted content was found in your video.

You're monetizing this video and sharing revenue with the copyright owner. If you agree with these conditions, you... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 3, 2016

Asking the same question over and over is not going to get you a different answer.

1 Answer | Asked in Contracts for Oregon on
Q: Cemetery sale question

Cemetery is now saying I cannot sell the vault and that they only have to give me what is was worth back in 1978. This is what the contract says, can they do this?

Terms & Conditions: 3. Transfer of Interest-Purchaser shall have the right at any time as long as not in default under the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Based on the above contract language, it would appear you have the right to sell to whomever. If the contract also has an attorney's fees provision, you might be able to get an attorney to take your case and send a nasty letter to them to get them to comply with the terms of the contract.

1 Answer | Asked in Consumer Law and Contracts for North Carolina on
Q: Got a written quote from a landscaper who now says that this is a contract and wants his money.

Got a written quote for $2500 worth of landscaping work for around the house. Asked the landscaper if work and money could be divided in two and the front half of the house done. I told him if that went well then we could have him come back the following month for the back of the house and 1250... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

It would be difficult for him to prevail in court based on what you say, but his facts may be different. That said, it will be hard for him to claim breach of contract if he never did the work, assuming he was to be paid after the work was done. You may want to file a complaint with your... View More

1 Answer | Asked in Copyright on
Q: can copyright owner sue me ? i am sharing revenue with him..

Copyrighted content was found in your video.

You're monetizing this video and sharing revenue with the copyright owner.

If you agree with these conditions, you don't have to do anything

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Yes, a copyright owner could sue you, even if you are sharing revenue. If you have a valid license, then they could not, unless you are violating the license. Here, it appears you received a take-down type of letter (your question is not clear) that may indicate they are not going to sue you, but... View More

1 Answer | Asked in Employment Law for New York on
Q: I work for a company who's running a side business (90% employees don't know about). I do task for both, is it legal?

the company I work for is actually launching another company, you can't relate the new one to the actual one anywhere on the website.

I have been asking to work on the new one, Im wondering if I can or if i it should be 2 different jobs? I also wonder if a company has the right to do that?

Thanks

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Yes, they can do that, and yes, you can work for both. They just have to pay you properly for both.

2 Answers | Asked in Employment Law for New Mexico on
Q: If i signed a non compete agreement for a eyebrow threading company in New Mexico are there ways around it?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Many times there are. I would seek out a local employment law attorney to review what the agreement says and what options you have.

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1 Answer | Asked in Employment Law for Virginia on
Q: What are some possibilities that I was discriminated against at my previous job?

It was stated that they are going for a new look when I asked the reason why I was let go. The staffing agency knowingly put me in a bad situation because they worked with the client on numerous occasions. When I started to work there I was told one of the providers was a racist. I was banned from... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Did you start the rumor you were accused of? If so, they could fire you for just that. The fact they told you they were going in a different direction was likely a way to avoid telling you the exact reason, but unless it was pretext for firing you for an illegal reason (as in because you are black... View More

1 Answer | Asked in Consumer Law and Employment Law for New York on
Q: Can an employer turn you in to insurance company after they hire you??
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Is this like a magic trick or something? What would they turn you in for, and theoretically, an employer or anyone else can turn anyone else in for any sort of crime, if that is what you are asking.

1 Answer | Asked in Personal Injury and Workers' Compensation for Massachusetts on
Q: I was injured at work, due to my mgr's negligence & now I'm not working & have no income! I need legal help please?!

I injured my back at work & was waiting to get a letter of accommodation, when my Mgr said "until you have ppwk in hand, you're expected to perform ALL duties required of all EMT/Security officers!" When I went to HR to ask them what to do, I was sent home & taken off the... View More

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

You should file a worker's compensation claim, which would include income. Find a local WC attorney who can help you with it, as they may also figure out a way to go after the employer for the actions after the incident.

1 Answer | Asked in Civil Rights and Personal Injury for Oregon on
Q: I am wondering if I can sue for company rep using my image without my permission or knowledge sell their product?

I have proof.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

This is actually an intellectual property rights issue, not a personal injury or civil rights issue. Other than annoyance though, have you been harmed? Usually personality rights apply to celebrities, not people others have not heard of. One question though, how did they get your image? If you... View More

1 Answer | Asked in Animal / Dog Law and Personal Injury for Illinois on
Q: My dog bite a lady I'm not sure when or the time I received a letter from animal control. What can I do ?

In the letter it says the date and time it happened I'm not sure if it actually did happen that day we were in church. My dog doesn't have his shots he's a small Maltese mix dog he was due last month for his shots but his apt is on March

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

First, contact your homeowners or renters insurance and open a claim so they can take care of defending you if you get sued by the lady. Otherwise, following the instructions on the letter from animal control or hire an attorney.

1 Answer | Asked in Animal / Dog Law and Personal Injury for Alabama on
Q: I was bit by a pit bull on my leg on Feb. 25 and have no information on anything besides owner has court march 1st at 8.

What procedures do I need to take to start my lawsuit.

Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Find a local attorney who handles dog bites and then let them handle everything. Insurance companies do not feel threatened by individuals suing them, as they have a roster of attorneys on call.

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